Handicapping Tournament

EQUIBASE HANDICAPPING TOURNAMENT RULES

1. ELIGIBILITY

(a) The Equibase Handicapping Tournament (the “Tournament”) is offered only to natural persons who are legal residents of the United States of America and its territories who are at least 18 years of age and to natural persons who are legal residents of Canada (except Quebec) who have reached the age of majority in their province of residence at the time of entry, in all cases unless otherwise prohibited by law. Additionally, the Tournament is only available to such persons who register to participate and who have a valid e-mail address. There is no cost to participate in the Tournament, nor any obligation to purchase any product. Employees and directors of Equibase Company LLC (“Equibase”) and its parent and subsidiary companies and the immediate family (spouse, mother, father, sister, brother, daughter or son, regardless of where they live) or members of the same households (whether related or not) of such employees and directors are not eligible. By entering a Tournament you agree to these Official Rules and, where necessary, decisions of Equibase which are final and binding in all respects.

(b) All applicable federal, state, provisional, and local laws and regulations shall apply to each Tournament.

2. HOW TO PLAY

(a) There are two types of Tournaments:

(1) One starting and ending on the same day (“Same-Day Tournament”), and

(2) One made up of various “rounds,” with the top finisher in each qualifying round advancing to a championship round (“Rounds Tournament”).

(b) Equibase may conduct none, one or more Same-Day Tournaments and none, one or more Rounds Tournaments.

(c) The goal of any Tournament is to achieve the highest bankroll by making mythical $2 wagers to win and place in each designated Tournament race.

(d) For each correct selection in a Tournament race, a player will earn an amount equal to the $2 win payoff and the $2 place payoff for a selection that wins the race; or the $2 place payoff for a selection that finishes second; as if such player were making an actual money wager. There is, however, no actual currency wagered in any Tournament and Tournament wagers will not be placed into any pari-mutuel system. The maximum payoff on any single Tournament race is $42 for a win wager and $22 for a place wager. All monetary values are stated in U.S. dollars.

(e) For Same-Day Tournaments, prizes will be awarded to the number of top finishers as stated on the PRIZES page for that contest.

(g) For Rounds Tournaments, prizes will be awarded to the top five finishers in each qualifying round and such finishers shall also advance to the championship round. Although a player may participate in each qualifying round, a player may only finish in the top five finishers once for the purpose of advancing to the championship round. In any qualifying round where a player would otherwise advance to the championship round a second time, the next qualifying finisher will advance to the championship round instead. In the event of a tie for any of the top five finishers in any qualifying round, all players finishing in the tie will advance to the championship round without regard to the number of players so qualifying. Players, however, may win prizes for their top five finishes in each round.

(h) Additionally, with respect to Rounds Tournaments, the following players that have not otherwise qualified to advance to the championship round will advance to the championship round:

(1) The top 10 players with the highest total number of winners selected (without regard to payoffs) throughout a Rounds Tournament, and

(2) The top 10 players with the highest cumulative payoffs throughout a Rounds Tournament,

(i) In the event of a tie for any of the 10 additional spots noted in 2(h)(1) or (2) above, all players involved in the tie will advance to the championship round without regard to the number of players so qualifying.

(j) In Rounds Tournaments a player may participate in all of the qualifying rounds occurring subsequent to such player’s registration, but it is not a requirement..

(k) All terminology used herein that is vernacular to horse racing, including, but not limited to, “win,” “place,” “wager,” “post time,” “coupled, “ “also eligible,” “scratched,” and “favorite” shall be construed in accordance with generally accepted Thoroughbred industry standards as determined, in good faith, by Equibase.

3. ENTRY

(a) To enter any Tournament, access the web site equibase.com and go to the Equibase Handicapping Tournament area.

(b) Each player will log in to a Tournament by using his or her existing equibase.com ID and password. Players without an existing ID and password can participate in the Tournament by completing the registration form and providing the requested information

(c) There is no cost to register or to participate in any Tournament.

(d) Entries will only be accepted through equibase.com. Unless otherwise advised on equibase.com, any other attempt to enter a Tournament is void.

(e) To enter any Tournament, a player’s computer must accept cookies, or any successor or similar technology (now known or hereafter devised or discovered).

(f) A player may only submit one registration for each Tournament. A player submitting or attempting to submit more than one registration form will be disqualified. Equibase reserves the right to disqualify any player who has or who is believed to have submitted or tried to submit more than one registration.

(g) All entries and registration information become the sole property of Equibase.

(h) Equibase is not responsible for reminding players about meeting any Tournament cut-off time. It is solely the player's responsibility to meet Tournament deadlines. Equibase logs the time and date each player enters his or her selections.

(i) All copyright, trademark and other proprietary rights associated with a Tournament are and become the property of Equibase.

4. SELECTIONS AND SCORING

(a) For Same-Day Tournaments and Rounds Tournaments, all players must make their selections before the cut-off time for that Tournament’s races. The cut-off time for making selections will be prominently posted within the Tournament section at equibase.com. Selections may begin to be made as soon as a Tournament is open for selections. Typically, this will be one or two days prior to the beginning of a Tournament. It is strongly recommended that players submit all their selections as early as possible. Players can edit their selections until the cut-off time. Equibase will not be responsible for any player's inability to submit selections due to Internet outages, technical difficulties, etc.

(b) Players will select their horses by name. For all Tournaments, coupled entries will be ignored; a player may only select one horse of a coupled entry. Players will select one horse in each of the Tournament races by selecting the button next to the horse’s name. For each selection a player will receive the equivalent of a $2 win and a $2 place wager.

(c) If a horse is scratched prior to the start of a race, that horse will be displayed as scratched on the list of horses available to be selected, but will not be removed as a selection from an already-submitted entry. If a selected horse is scratched and the player does not change his or her selection before the cut-off time, such player will be given the post-time favorite as a substitute selection.

(d) A Tournament race’s official order of finish and the win and place payoffs posted therefore by the host racetrack will determine each player’s payoffs, subject to the maximum payoff’s listed in section 2 (d) above.

(e) In the event that a Tournament race is cancelled (that is, not run on the originally scheduled date) that race will be withdrawn from the Tournament. Equibase reserves the right to change a Tournament schedule and rules without notice, or cancel a Tournament altogether due to unforeseen events.

(f) A “leaderboard” will be maintained within the Tournament section at equibase.com and updated as soon as possible after a Tournament race has been declared official. The final leaderboard will become official no later than 48 hours after the last race in said Tournament has been declared official. A printed copy of the leaderboard may be obtained by sending a self- addressed stamped envelope to:

(g) In the event that there is a tie between two or more players with respect to the top five finishers in the championship round of a Rounds Tournament or in the event there is a tie between any two or more players with respect to the top five finishers in a Same-Day Tournament, the following tie breakers will be used:

(5) Fifth: the highest win payoff for a selected horse (actual payoff, not capped at $42).

(6) Sixth: the highest place payoff for a selected horse (actual payoff, not capped at $22).

(7) Finally, a random drawing conducted by Equibase, details of which are completely at the discretion of Equibase. In the event of a two-way tie for any position with a cash prize, Equibase reserves the right to combine the relevant prize monies for tied positions and to then divide that prize money equally among the tied players.

(h) In the event there is a tie between any two or more players among the top five finish positions (rankings) after applying tie breakers 1 through 6 above, Equibase reserves the right to arrange the display final finish order on the leader board in a manner of its choosing.

5. PRIZES

(a) Prizes will be posted in the “Prizes” section on equibase.com.

(b) The odds of winning any Same-Day Tournament or Rounds Tournament depend on the number of eligible players participating in that Tournament or round and the skill levels of those players.

(c) No assignment, transfer or substitution of prizes is permitted.

(d) All prizes are awarded "AS IS" without warranty of any kind and are subject to the same conditions as if the prizes were purchased outright.

(e) Taxes are the sole responsibility of winners as are any shipping and handling charges.

6. GENERAL CONDITIONS

(a) Winners will be notified by e-mail or phone and must execute and return a Publicity & Liability Release and an Affidavit of Eligibility, which will require notarization. Winners who are legal residents of the United States and its territories must also execute and return an Internal Revenue Service W-9 form. Winners who are legal residents of Canada may have to execute other tax forms. Originals (no copies or electronic facsimiles) of all documents must be returned within 15 days of notification thereof. Failure to return documents in a timely manner, or if prize notification or prize is returned as non-deliverable, may result in disqualification. Equibase reserves the right to require winners to execute other documents as necessary to comply with applicable law.

(b) WHERE PERMITTED BY LAW, WINNER AGREES TO GRANT TO EQUIBASE AND ITS LICENSEES, AFFILIATES AND ASSIGNS, THE RIGHT TO PRINT, PUBLISH, BROADCAST AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE WINNER'S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS AND BIOGRAPHICAL INFORMATION AS NEWS OR INFORMATION AND FOR ADVERTISING AND PROMOTIONAL PURPOSES WITHOUT ADDITIONAL CONSIDERATION; AND FURTHER WITHOUT SUCH ADDITIONAL COMPENSATION, APPEAR FOR, OR PROVIDE BIOGRAPHICAL INFORMATION FOR USE IN, ANY PRESENTATION OR OTHER ACTIVITY WHICH MAY INCLUDE FILMING/AUDIO/VIDEO/ELECTRONIC OR OTHER RECORDINGS AND/OR INTERVIEWS, AS MAY BE DETERMINED FROM TIME TO TIME BY EQUIBASE.

(c) Failure to make such appearances or grant such rights may result in disqualification with an alternate winner selected; and while not obligated to do so, Equibase may in its sole discretion, bear such reasonable costs and expenses which Equibase, in its sole discretion, deems appropriate for winners to appear for a presentation or other activity. Further, by accepting a prize, each winner agrees to release and hold harmless Equibase, its licensees, and their respective parents, affiliates, subsidiaries, advertising and promotional agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a prize, participation in any Tournament related activity, or participation in any Tournament. All Tournaments are void where prohibited.

(d) Equibase reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Tournament; to be in violation of the Terms of Use of equibase.com; to be acting in violation of these Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.

(e) Any use of robotic, automatic, macro, programmed or like entry methods will void all such entries by such methods. In the event of a dispute as to entries submitted by multiple users having the same e-mail account, the authorized subscriber of the e-mail account used to enter a Tournament at the actual time of entry will be deemed to be the participant and must comply with these rules. Authorized account subscriber is deemed to be the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address.

(f) Any attempt to deliberately damage the content or operation of a Tournament is unlawful and subject to legal action by Equibase. Equibase will not be responsible for any:

(1) Late, lost, garbled, misdirected, incomplete, or damaged entries;

(2) Tournament disruptions, injuries, losses or damages caused by events beyond the control of Equibase and/or its affiliates; or

(3) Printing or typographical errors in any materials associated with a Tournament.

(g) Equibase reserves the right to prosecute any fraudulent activities to the fullest extent of the law.

(h) It is the responsibility of the players to bring any alleged error, issue, or complaint to the attention of Equibase within 24 hours of the end of the Tournament for which such allegation is being made by sending an e-mail to contest@equibase.com and describing the alleged error, issue or complaint in detail.

7. LIMITATION OF LIABILTIY

(a) Equibase is not responsible for any incorrect or inaccurate information, whether, without limitation, caused by equibase.com users, or tampering or hacking, or by any of the equipment or programming associated with or utilized in the Tournaments and Equibase assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or with respect to equibase.com or any data contained therein or accessible therefrom.

(b) Equibase is not responsible for injury or damage to participant’s or to any other person's computer related to or resulting from participating in a Tournament or downloading materials from or use of equibase.com. If, for any reason, a Tournament is not capable of running as planned, Equibase reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Tournament and have a winner determined based on selections received prior to any such action taken by Equibase.

(c) IN NO EVENT WILL EQUIBASE, ITS LICENSEES AND/OR THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF EQUIBASE.COM OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON EQUIBASE.COM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

(d) IN NO EVENT WILL EQUIBASE, ITS LICENSEES AND/OR THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND RESULTING FROM CLAIMS AND/OR GUARANTEES MADE BY OTHER INTERNET SITES.

(e) Equibase may post on equibase.com selected past performance information and/or other handicapping products relating to Tournament races, at its sole discretion. Equibase shall not be liable for any inaccurate, incomplete, or missing information that is posted. Such information is posted only to help players make their selections. Any opinions or analysis posted by Equibase regarding any Tournament race should not be taken as a recommendation of which horses to select. Any data supplied by Equibase in connection with a Tournament are for a player’s personal use only and shall not be distributed, reprinted, copied, or otherwise used. A player’s violation of this provision shall be grounds for immediate disqualification from all Tournaments.

8. DISPUTES

As a condition of participating in any Tournament, each player agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with any Tournament, shall be resolved individually, without resort to any form of class action, exclusively, before a court located in the City of Lexington, Commonwealth of Kentucky having competent jurisdiction, which court shall apply the laws of the Commonwealth of Kentucky without regard for principles of conflicts of law. Further, in any such dispute, under no circumstances will a player be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses if any (i.e., costs associated with entering this Tournament, such as postage), and participant further waives all rights to have damages multiplied or increased.